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12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats with Appendices A. Demand and threat letter, B. customer agreement

12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats with Appendices A. Demand and threat letter, B. customer agreement

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12-11-04 Bank HaPoalim response - cover+ app

12-11-04 Bank HaPoalim response - cover+ app

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Published by: SELA - Human Rights Alert - Israel on Nov 16, 2012
Copyright:Attribution Non-commercial

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05/13/2014

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Human Rights Alert (NGO)
Joseph Zernik, PhD
 
"
 
PO Box 31440, Jerusalem 91313, Israel;
 
 josephzernik@humanrightsalertngo.org
;
91313
 
"3144
 
12-11-04
Bank HaPoalim, BM, response re: FACTCA demands and threatswith Appendices: A. Demand and threat letter, B. customer agreement
The response makes it clearer than ever before, that there is no legal foundation for the demands and threats by Bank HaPoalim, BM.
 
# Record Page #1
12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats withAppendices – Cover letter [English translation - jz]
32
12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats withAppendices – Cover letter [Hebrew original]
 43
12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats withAppendices: A. Demand and threat letter [only the cover page is provided, the formsattached to the letter are provided in the August 25, 2012 Complaint
[1]
 – jz]
54
12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats withAppendices: B. Customer Agreement - Appendix to Application Book
65
12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats withAppendices: B. Customer Agreement - Application Book
 
[only the opening pages are"Definitions" are provided
 
 – jz]
 
18
1.
 
The senders of the November 4, 2012 letter, Ella Gutman and David Zagan, were notidentified by their authority in Bank HaPoalim, BM, regardless of repeated requests for validsignatures on communications of legal nature by the Bank.Individuals, who issue false and deliberately misleading records of legal nature on behalf of financial institutions, unsigned, or signed with no authority and/or qualifications, have cometo be known in recent years as "Robo-signers". The conduct has been recognized as central tothe criminality that underlies the current financial crisis in the United States.2.
 
Review of the July 19, 2010 Agreement (Appendix A) signed in the Addendum toApplication for Opening an Account, and the Application Booklet (no edition # provided),shows that the agreement was signed in Jerusalem, under the law of the State of Israel,between Joseph Zernik, an Israeli citizen, and Bank HaPoalim, BM, an Israeli bank. Under"Definitions", page 8, "The Bank" is "Bank HaPoalim, BM, including any and all itsbranches and offices in the State of Israel".The notion that there is any relevance in this matter to the laws of any nation, other than theState of Israel, must be deemed by any reasonable person a legal fabrication.3.
 
Review of the unsigned June 27, 2012 FATCA Demand Letter by the Bank shows that in fact,the only foundation for the demands and threats by the Bank, is an undated FATCA-related"new policy" of the Bank, itself, which has not been documented so far.4.
 
Contrary to claims in the November 4, 2012 letter, the Bank has failed to provide a singlefigure statement of interest gained in 2011 in each account, as required by United States IRSregulations (Form 1099-Int), which the Bank fabricates enforcement of.
 
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LINKS:
[1] 12-08-25 Dr Zernik's complaint, filed with Israeli banking regulation against Bank HaPoalim - forattempting to extort compliance with US IRS regulations in Jerusalemhttp://www.scribd.com/doc/103922991/  [2] 12-09-05 Addendum to Complaint, filed with Bank of Israel against Bank HaPoalim, and a Demand,filed with Bank HaPoalim, for a Written Statement of Interest Gained in Client's Accounts in 2011http://www.scribd.com/doc/104993753/  [3] 12-09-12 Dr Zernik's Notice and Demand for the issuance of valid banking/legal communication byBANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of their demands and threats against DrJoseph Zernik, and for response within 10 days, with fax transmission reporthttp://www.scribd.com/doc/105706636/  [4] 12-09-13 More Evidence of Fraud and Extortion by BANK HAPOALIM, BM, Israel, Subsidiaries and orAffiliateshttp://www.scribd.com/doc/105825087/  [5] 12-09-14 Demand for Action by Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach, re: FATCArelated extortionist conduct by the Bankhttp://www.scribd.com/doc/113463251/  
 
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[logo]Date: November 4, 2012Reference #: 1-6098055244Handled by: David ZaganTel: 03-567-6605To:Dr Joseph Zernik PO Box 31440Jerusalem 91313Dear Dr Zernik:
RE: Your account in our Beit HaKerem branch.
Your letters, received on September 5, 2012, September 12, 2012, September 14, 2012
 
Your letters, referenced above, were forwarded for handling by our office.The Bank's policy, in all matters related to the Foreign Tax Compliance Act, appears in the letter,forwarded to you on June 27, 2012. We have nothing to add to it.For your convenience, attached is a copy of the letter, together with the forms you were asked tocomplete (Appendix A).Per your request, we also attached a copy of the agreements signed at the time of opening theaccount in reference (Appendix B).Our examination shows that on September 11, 2012, a statement was forwarded to you, directlyfrom our branch, detailing the rates and sums that were paid in interest in your NIS accounts.We are at your service at any time.Respectfully,
Bank HaPoalim, BM
Central Management
[two hand signatures - jz]
Ella Gutman, David Zagan

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